Workers with Family Responsibilities Convention, 1981 (No. 156) - Croatia (Ratification: 1991)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 3 of the Convention. National policy. In its previous comment, the Committee asked the Government to provide information on the application of the Maternity and Parental Benefits Act, 2008 and the results achieved under the National Policy for the Promotion of Gender Equality in order to promote equality of treatment and opportunity of workers with family responsibilities. The Committee notes with interest the Government’s indication that amendments to the Maternity and Parental Benefits Act adopted in 2013, 2014 and 2017, provide, in particular, for a prohibition on transferring two months of parental leave to another parent in order to encourage fathers to use their rights to parental leave; reinforcement of the protection of employment of pregnant women or women who have given birth, up to 12 months after the birth of the child; and an increase in the financial benefits. Since 2017, the maximum amount of benefit paid during the period of parental leave has increased from 80 to 120 per cent of the monthly minimum wage for employed parents and from 50 to 70 per cent for unemployed parents or employed parents not meeting the statutory period of insurance. Similarly, benefits for parents of children in need of special care were also improved. In this regard, the Committee notes that, according to Eurostat’s data cited in “Gender Equality Policies in Croatia – Update”, 2017 by the Policy Department on Citizen’s Rights and Constitutional Affairs of the European Parliament, “the share of family/children benefits in Croatia” stands at €155 per inhabitant, i.e. at the lower end of the European Union (EU) scale, well below the EU average of €651, and represents only 7.2 per cent of the total social benefits costs. The Committee also notes that the National Gender Equality Policy 2011–15 has expired and that, according to the information provided by the Government, a new Policy is being developed but, to date, has not yet been adopted. The Government indicates, however, that the relevant authorities, in cooperation with key stakeholders and the social partners, are developing new measures to harmonize professional and private life as part of the initiative of the European Pillar on Social Rights (Croatia became a member of the EU on 1 July 2013). The Committee notes the Government’s statement that, in line with developments at the European level, it has set a long-term goal of adopting appropriate measures in the field of family policy. In view of the above, the Committee requests the Government to continue to provide information, including statistics disaggregated by sex, on the practical application of the Maternity and Parental Benefits Act, 2008, as well as the measures taken under the new National Policy for the Promotion of Gender Equality in order to actively promote equality of treatment and opportunity of workers with family responsibilities, and the results achieved. The Committee also asks the Government to provide information on the family policy measures adopted, in consultation with the social partners, in order to harmonize professional and private life. The Committee asks the Government to continue to provide information on any cases of discrimination related to family responsibilities dealt with by the Office of the Ombudperson or the courts.

Article 4. Leave entitlements for men and women workers with family responsibilities. The Committee recalls that, according to section 12(1), (2) and (5) of the Maternity and Parental Benefits Act of 2008, an employed or a self-employed mother has the right to maternity leave from 28 days before birth until the child turns 6 months, of which 28 days before birth and 42 days after birth are mandatory; and the days of maternity leave beyond this mandatory period to be taken by the mother, can be taken by the father as paternity leave if the parents reach an agreement to do so. In its previous comment, the Committee asked the Government to provide statistical information on the extent to which men and women workers made use of the maternity and parental leave entitlements under the Act, both in the public and private sectors. It also asked the Government to provide information on any measures taken with regard to other immediate family members. The Committee notes, from the statistics provided by the Government in its report, that in the period 2015 to 2017 the ratio of men accessing maternity/paternity leave (beyond the mandatory period in the first 6 months of the child) and parental leave (after the child turns 6 months) remained very low and stable, at approximately 0.3 per cent for maternity leave and under 4.5 per cent for parental leave. The Committee also notes that, in her 2017 report, the Ombudsperson for Gender Equality underlined that Croatia is the European Union Member where fathers use maternity and parental support the least, emphasized that the measures for harmonization of professional and family life are still insufficiently implemented and recommended the introduction of compulsory father’s leave. Noting that, even where policies allow sharing of parental leave, in practice mothers still take the majority of this period, the Committee asks the Government to provide information on positive measures envisaged or taken, such as the ones suggested by the Ombudsperson, to increase effectively the percentage of men’s take-up of paternity leave. In this regard, the Committee asks the Government to continue to provide statistical information, disaggregated by sex, on the extent to which men and women workers make use of the leave entitlements under the relevant provisions of the Maternity and Parental Benefits Act of 2008, both in the public and private sectors. Noting that the Government’s report is silent on this point, the Committee reiterates its request to the Government to provide information on any measures taken with regard to other immediate family members and their implementation.

Working-time arrangements. In its previous comment, the Committee requested the Government to provide information on the practical application of section 16 (on part-time work) of the Maternity and Parental Benefits Act of 2008 and on the number of beneficiaries of the right to part-time work in circumstances where children require extra care and attention for growth; as well as information on any other flexible working-time arrangements. It notes the Government’s statement that Croatia has not yet developed a suitable legislative framework for balancing private and professional life and that, consequently, there are no flexible working-time arrangements, job-sharing or teleworking possibilities specifically designed for working parents. The statistics provided by the Government show that the number of parents using this right is low: 112 parents in 2015 (7.1 per cent of men); 80 in 2016 (2.5 per cent of men) and 71 in 2017 (1.4 per cent of men). In this regard, the Committee notes that, if only women make use of such flexible working arrangement to continue to shoulder the majority of unpaid care work, there is a risk of reinforcing stereotypes about gender roles. The Committee asks the Government to continue to provide information, including statistical information disaggregated by sex, on the beneficiaries of the right to part-time work as well as on any measures adopted or envisaged relating to flexible working time arrangements taking into account that certain working time arrangements often penalize women in terms of earnings and career development.

Article 5. Childcare and family services and facilities. Previously, the Committee asked the Government to provide detailed information on the manner in which family centres assist parents to reconcile work and family responsibilities and to indicate the impact of the intergenerational solidarity programme on reconciling work and family responsibilities in relation to dependent members of their family other than children. The Committee notes the Government’s indication that there are family centres established in 19 counties, providing services for children and young people, parents, partners and future parents, children with developmental problems, persons with disabilities and their families, and other socially vulnerable groups (such as unemployed persons, the elderly, drug addicts, victims of violence, etc.) and that all services are provided free of charge. It notes the Government’s statement that the implementation of the intergenerational solidarity programme was discontinued as from 1 May 2014. Home-care services are now provided by licensed social services providers. Living-room services, which had been implemented under the discontinued programme, were replaced by day-care activities for older people financed on a project basis. In 2017, a call for projects of organized day-care activities in local communities was made and 92 projects were funded for a total of 5,075,448 Croatian kuna (HRK) (approximately US$770.000). The Committee also notes that the report indicates that, based on the results of an analysis of the accessibility, quality, capacity and funding of early childhood and preschool education services, the Ministry of Demography, Family, Youth and Social Policy issued a call for projects to expand and improve the network of kindergartens and to harmonize the opening hours of preschool institutions with the working hours of parents. In this regard, it notes that, according to a study entitled “Gender Equality Policies in Croatia – Update”, 2017, by the Policy Department on Citizen’s Rights and Constitutional Affairs of the European Parliament, only 9.5 per cent of children under 3 years of age have access to formal childcare due to the lack of available childcare facilities. Due to gender stereotypes, it is most often employed mothers who have to take leave without pay after the expiration of paid parental leave – which has a detrimental impact on their careers – or else have recourse to the informal economy or to the family in order to care for the child. According to Eurostat data, women are up to five times more inclined to take a part-time job because of the obligation to look after children or incapacitated adult family members, and the wage gap between men and women is gradually deepening over time due to maternity leaves or care of family members. In this regard, the Committee notes the Government’s indication that, in 2013, the Act on Nannies was adopted to create a transparent and legally secure system of non-institutional childcare with registered childcare givers (“nannies”), supervised by the Ministry of Demography, Family, Youth and Social Policy. The Committee asks the Government to continue to provide information on childcare and family services and facilities, in particular on the response to the Ministry of Demography, Family, Youth and Social Policy call for projects to expand and improve the network of kindergartens and to harmonize the opening hours of preschool institutions with the working hours of parents. It also requests information on the number of nannies registered following the adoption of the Act on Nannies 2013.

Article 6. Information and education. Considering the low number of fathers exercising their right to parental benefits, the Committee asked the Government to provide information on the specific measures taken to promote a broader public understanding of various aspects of employment of workers with family responsibilities, and the need for a more equitable sharing of family responsibilities between men and women, as well as the results achieved by such measures. It notes the Government’s statement that a public call for projects targeting family support and the promotion of children’s rights was made in 2017, focusing, inter alia, on support for single-parent families and for employed parents and fostering father’s active parental role and involvement in family life. It further notes the information provided on the various projects that were funded with a view to changing the deeply rooted stereotypes about gender division of roles, fostering reconciliation between business and family responsibilities, and encouraging a more equal distribution of household and parental responsibilities. The Committee notes that the Government indicates that the level of awareness of the population on the opportunities and rights to maternity/paternity and parental leave has been raised but does not provide evidence in support of this statement. In this regard, the Committee wishes to emphasize the importance of collecting good gender-disaggregated data taking into account variables such as marital or parenthood status, number of children, of older persons, presence of persons with disabilities or living with HIV, as it allows the Government to periodically assess progress and also to design policies and monitor outcomes to establish what works for workers with family responsibilities. The Committee asks the Government to continue to provide information on the proactive measures taken to promote a broader public understanding of the need for a more equitable sharing of family responsibilities between men and women, with a particular focus on fathers, as well as the results achieved by such measures, including statistical data.

Article 7. Integration in the labour force. Recalling that it had asked the Government to provide information on the implementation of the right to return to work after maternity, parental or adoption leave or leave for caring for a child with severe development issues (section 36 of the new Labour Act of 2014, previously section 73), the Committee notes that the statistical information provided by the Government does not identify the number of employees who returned to work after such leave, nor does it provide the requested information on the practical application of the right to vocational training in situations where there is any change in technology or working methods during the leave. Noting the Government’s indication that labour inspectors have identified several cases of offences against the above-mentioned provision as well as section 34 of the new Labour Code (prohibition of dismissal), the Committee asks, once again, the Government to provide statistical information on the number of employees who returned to work after taking maternity, parental or adoption leave or leave for caring for a child with severe developmental difficulties; and to provide information on any measures taken or envisaged to enable both male and female workers with family responsibilities to become or remain integrated in the labour force, as well as to re-enter the labour force after an absence due to family responsibilities.

Article 9. Application of the Convention by collective agreements. The Committee notes the information provided, in reply to its previous comment, according to which certain collective agreements contain provisions regarding the right to nursing breaks and rests considered as working time; the possibility for the employer to assign work to be carried out at home for mothers with a child up to 6 years of age, or a single parent with a child up to 10 years of age; additional leave days to be granted to parents, foster parents or guardians (based on different parameters); and the prohibition to terminate or modify the employment contract of specific categories of workers such as a woman nursing a baby, parent, foster parent or guardian until the child’s seventh year, a single parent of a minor, a parent with three or more children up to 15 years or children in regular education, or the parent of a child with developmental difficulties. The Committee asks the Government to continue to provide information on the measures provided under collective agreements with a view to reconciling work and family responsibilities and their effective application.

Article 11. Workers’ and employers’ organizations. The Committee requests the Government to provide information on the specific measures taken to promote social dialogue and tripartite cooperation in order to strengthen the laws, measures and policies giving effect to the Convention, and on the manner in which workers’ and employers’ organizations have exercised their right to participate in the design and implementation of such measures, including through the adoption and implementation of workplace policies on work and family reconciliation.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2012. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Noting the adoption of the new Labour Act of 18 July 2014, the Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the specific issues raised in relation to the Labour Act, and other matters raised in its previous comments.

Article 4. Leave entitlements for men and women workers with family responsibilities. The Committee notes that under the Maternity and Parental Benefits Act of 2008, an employed or a self-employed mother has the right to maternity leave of 28 days before birth, and until the child turns 6 months, of which 28 days before birth and 42 days after birth are mandatory (section 12(1) and (2)); the father may exercise the right to leave until the child turns 6 months of age upon the expiry of the mandatory maternity leave, if the parents reach an agreement to do so (section 12(5)). The employed parents of a child are entitled to parental leave until the child turns 8 years of age for three months for each parent for the first and second child; 30 months for each parent for twins, the third and any subsequent child; and an extra two months can be taken if the father takes parental leave for at least three months (sections 12 and 13(2)). In addition, one of the employed parents of a child has the right to leave without pay until the child turns 3 years of age (section 22); one of the employed or self-employed parents of a child with more severe developmental disabilities has the right to childcare leave until the child turns 8 years of age (section 23(1)); or the right to work half-time, even after the child turns 8 years of age, if there is such a need, on the basis of findings and an opinion of a body with competent expertise (section 23(3)). With regard to the practical application, the Committee notes the Government’s indication that in 2009, among 63,500 beneficiaries of the right to maternity and parental benefits, 1,066 fathers exercised such rights; in 2010, a total of 1,327 fathers exercised these rights among 71,197 beneficiaries. The Committee asks the Government to continue to provide statistical information, disaggregated by sex, on the extent to which men and women workers make use of the leave entitlements under sections 12, 13, 22 and 23 of the Maternity and Parental Benefits Act of 2008, respectively, both in the public and private sectors. It also asks the Government to provide information on any measures taken with regard to other immediate family members.

Working time arrangements. The Committee notes that under the Maternity and Parental Benefits Act of 2008, one of the employed or self-employed parents may exercise the right to part-time work up until the child turns 3 years of age, if the child requires extra care and attention for growth (section 16). The Committee further notes the Government’s indication that the Croatian Chamber of Commerce has been conducting activities for the promotion of flexible working hours, including giving presentations during 40 sessions of the County Chamber Economic Councils in 2009–10; the Croatian Chamber of Commerce has also proposed the option to work at home and from home. The Committee asks the Government to provide information on the practical application of section 16 of the Maternity and Parental Benefits Act, including statistical information, disaggregated by sex, on the number of beneficiaries of the right to part-time work. It also asks the Government to provide information on any other flexible working time arrangements.

Article 5. Childcare and family services and facilities. The Committee notes the Government’s indication that the new Social Welfare Act of 2011 (Official Gazette No. 57/11) assigned two new public authorities for the family centres and expanded their activities; for the work of family centres, a special emphasis was put on providing support to families in reconciling their family and work responsibilities. The Government indicates that from 2006 to 2011, a total of 18 family centres were established; in 2009, with the cooperation of local self-government units and financial backing of the World Bank, 26 new kindergartens were established in areas which previously had no pre-school education programmes; a total of 28 new kindergartens were opened and 43 new regional facilities were established within the structure of the existing kindergartens, reaching the pre-school programme coverage rate of 57.34 per cent. With regard to services and facilities which exist to assist workers with family responsibilities regarding dependent members of their family other than children, the Committee notes the Government’s indication that the Ministry of Families, Veterans’ Affairs and Intergenerational Solidarity is implementing the intergenerational solidarity programmes entitled “Assisting the elderly at home” and “Day care and assistance to the elderly at home” according to the Social Welfare Act of 2011; there are approximately 11,000 beneficiaries of the intergenerational solidarity programme. The Committee asks the Government to provide detailed information on the manner in which the family centres assist parents to reconcile work and family responsibilities. The Committee also asks the Government to indicate the impact of the intergenerational solidarity programme on reconciling work and family responsibilities regarding dependent members of their family other than children.

Article 6. Information and education. The Committee notes the Government’s indication that a radio project entitled “Both mum and dad can do it” aims to promote the role of fathers and parental leave, as well as to enable women to harmonize family and work responsibilities more easily. Considering the low number of fathers exercising their right to parental benefits, the Committee asks the Government to provide information on the specific measures taken to promote a broader public understanding of various aspects of employment of workers with family responsibilities, and the need for a more equitable sharing of family responsibilities between men and women, including promoting parental leave taken by fathers, as well as the results achieved by such measures.

Article 7. Integration in the labour force. The Committee notes that according to the Labour Code, an employee who has exercised maternity leave, parental leave, adoption leave or leave for caring and nursing a child with severe development difficulties has the right to return to the same job that he or she performed before exercising the right (section 73(1)); the employee who has exercised such rights shall be entitled to additional vocational training in case there is any change in technology or working methods (section 73(3)). The Committee asks the Government to provide statistical information on the number of employees who returned to work after taking maternity leave, parental leave, adoption leave or leave for caring and nursing a child with severe development difficulties, according to section 73(1) of the Labour Code. It also asks the Government to provide information on the practical application of section 73(3) of the Labour Code, including on the extent to which such training is conducted, and information on the beneficiaries of such training. Please also provide information on other measures taken or envisaged to enable male and female workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to family responsibilities.

Article 9. Application of the Convention by collective agreements. The Committee asks the Government to provide information on the measures provided under collective agreement with a view to reconciling work and family responsibilities.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2012. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Noting the adoption of the new Labour Act of 18 July 2014, the Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the specific issues raised in relation to the Labour Act, and other matters raised in its previous comments.

Article 3 of the Convention. National policy. The Committee recalls the National Policy for the Promotion of Gender Equality (2006–10). The Committee notes with interest the legislative measures to give effect to the provisions of the Convention, in particular the adoption of the Anti-discrimination Act, 2008 (Official Gazette No. 85/08), and the Maternity and Parental Benefits Act, 2008, as last amended in 2011 (Official Gazette Nos 85/08, 10/08 and 34/11), as well as the establishment of the Maternity and Parental Benefits Act Implementation Monitoring Commission. The Committee notes that section 1(1) of the Anti discrimination Act provides for protection against discrimination on various grounds, including gender and marital or family status. The Office of the Ombudperson has been a central equality body since 2009 and according to its report, three cases concerned marital or family status among a total of 172 cases of alleged discrimination filed with the Office. The Committee asks the Government to provide information on the practical application of the Maternity and Parental Benefits Act, 2008 and the results achieved under the National Policy for the Promotion of Gender Equality (2006–10), in order to promote equality of treatment and opportunity of workers with family responsibilities. Please also provide information on the functions of the Maternity and Parental Benefits Act Implementation Monitoring Commission. The Committee further requests the Government to provide information on any cases of discrimination related to family responsibilities dealt with by the Office of the Ombudperson or the courts.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee note with regret that the Government’s report has not been received. Noting the adoption of the new Labour Act of 18 July 2014, the Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the specific issues raised in relation to the Labour Act, and other matters raised in its previous comments.

Repetition

Article 4. Leave entitlements for men and women workers with family responsibilities. The Committee notes that under the Maternity and Parental Benefits Act of 2008, an employed or a self-employed mother has the right to maternity leave of 28 days before birth, and until the child turns 6 months, of which 28 days before birth and 42 days after birth are mandatory (section 12(1) and (2)); the father may exercise the right to leave until the child turns 6 months of age upon the expiry of the mandatory maternity leave, if the parents reach an agreement to do so (section 12(5)). The employed parents of a child are entitled to parental leave until the child turns 8 years of age for three months for each parent for the first and second child; 30 months for each parent for twins, the third and any subsequent child; and an extra two months can be taken if the father takes parental leave for at least three months (sections 12 and 13(2)). In addition, one of the employed parents of a child has the right to leave without pay until the child turns 3 years of age (section 22); one of the employed or self-employed parents of a child with more severe developmental disabilities has the right to childcare leave until the child turns 8 years of age (section 23(1)); or the right to work half-time, even after the child turns 8 years of age, if there is such a need, on the basis of findings and an opinion of a body with competent expertise (section 23(3)). With regard to the practical application, the Committee notes the Government’s indication that in 2009, among 63,500 beneficiaries of the right to maternity and parental benefits, 1,066 fathers exercised such rights; in 2010, a total of 1,327 fathers exercised these rights among 71,197 beneficiaries. The Committee asks the Government to continue to provide statistical information, disaggregated by sex, on the extent to which men and women workers make use of the leave entitlements under sections 12, 13, 22 and 23 of the Maternity and Parental Benefits Act of 2008, respectively, both in the public and private sectors. It also asks the Government to provide information on any measures taken with regard to other immediate family members.

Working time arrangements. The Committee notes that under the Maternity and Parental Benefits Act of 2008, one of the employed or self-employed parents may exercise the right to part-time work up until the child turns 3 years of age, if the child requires extra care and attention for growth (section 16). The Committee further notes the Government’s indication that the Croatian Chamber of Commerce has been conducting activities for the promotion of flexible working hours, including giving presentations during 40 sessions of the County Chamber Economic Councils in 2009–10; the Croatian Chamber of Commerce has also proposed the option to work at home and from home. The Committee asks the Government to provide information on the practical application of section 16 of the Maternity and Parental Benefits Act, including statistical information, disaggregated by sex, on the number of beneficiaries of the right to part-time work. It also asks the Government to provide information on any other flexible working time arrangements.

Article 5. Childcare and family services and facilities. The Committee notes the Government’s indication that the new Social Welfare Act of 2011 (Official Gazette No. 57/11) assigned two new public authorities for the family centres and expanded their activities; for the work of family centres, a special emphasis was put on providing support to families in reconciling their family and work responsibilities. The Government indicates that from 2006 to 2011, a total of 18 family centres were established; in 2009, with the cooperation of local self-government units and financial backing of the World Bank, 26 new kindergartens were established in areas which previously had no pre-school education programmes; a total of 28 new kindergartens were opened and 43 new regional facilities were established within the structure of the existing kindergartens, reaching the pre-school programme coverage rate of 57.34 per cent. With regard to services and facilities which exist to assist workers with family responsibilities regarding dependent members of their family other than children, the Committee notes the Government’s indication that the Ministry of Families, Veterans’ Affairs and Intergenerational Solidarity is implementing the intergenerational solidarity programmes entitled “Assisting the elderly at home” and “Day care and assistance to the elderly at home” according to the Social Welfare Act of 2011; there are approximately 11,000 beneficiaries of the intergenerational solidarity programme. The Committee asks the Government to provide detailed information on the manner in which the family centres assist parents to reconcile work and family responsibilities. The Committee also asks the Government to indicate the impact of the intergenerational solidarity programme on reconciling work and family responsibilities regarding dependent members of their family other than children.

Article 6. Information and education. The Committee notes the Government’s indication that a radio project entitled “Both mum and dad can do it” aims to promote the role of fathers and parental leave, as well as to enable women to harmonize family and work responsibilities more easily. Considering the low number of fathers exercising their right to parental benefits, the Committee asks the Government to provide information on the specific measures taken to promote a broader public understanding of various aspects of employment of workers with family responsibilities, and the need for a more equitable sharing of family responsibilities between men and women, including promoting parental leave taken by fathers, as well as the results achieved by such measures.

Article 7. Integration in the labour force. The Committee notes that according to the Labour Code, an employee who has exercised maternity leave, parental leave, adoption leave or leave for caring and nursing a child with severe development difficulties has the right to return to the same job that he or she performed before exercising the right (section 73(1)); the employee who has exercised such rights shall be entitled to additional vocational training in case there is any change in technology or working methods (section 73(3)). The Committee asks the Government to provide statistical information on the number of employees who returned to work after taking maternity leave, parental leave, adoption leave or leave for caring and nursing a child with severe development difficulties, according to section 73(1) of the Labour Code. It also asks the Government to provide information on the practical application of section 73(3) of the Labour Code, including on the extent to which such training is conducted, and information on the beneficiaries of such training. Please also provide information on other measures taken or envisaged to enable male and female workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to family responsibilities.

Article 9. Application of the Convention by collective agreements. The Committee asks the Government to provide information on the measures provided under collective agreement with a view to reconciling work and family responsibilities.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee note with regret that the Government’s report has not been received. Noting the adoption of the new Labour Act of 18 July 2014, the Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the specific issues raised in relation to the Labour Act, and other matters raised in its previous comments.

Repetition

Article 3 of the Convention. National policy. The Committee recalls the National Policy for the Promotion of Gender Equality (2006–10). The Committee notes with interest the legislative measures to give effect to the provisions of the Convention, in particular the adoption of the Anti-discrimination Act, 2008 (Official Gazette No. 85/08), and the Maternity and Parental Benefits Act, 2008, as last amended in 2011 (Official Gazette Nos 85/08, 10/08 and 34/11), as well as the establishment of the Maternity and Parental Benefits Act Implementation Monitoring Commission. The Committee notes that section 1(1) of the Anti-discrimination Act provides for protection against discrimination on various grounds, including gender and marital or family status. The Office of the Ombudperson has been a central equality body since 2009 and according to its report, three cases concerned marital or family status among a total of 172 cases of alleged discrimination filed with the Office. The Committee asks the Government to provide information on the practical application of the Maternity and Parental Benefits Act, 2008 and the results achieved under the National Policy for the Promotion of Gender Equality (2006–10), in order to promote equality of treatment and opportunity of workers with family responsibilities. Please also provide information on the functions of the Maternity and Parental Benefits Act Implementation Monitoring Commission. The Committee further requests the Government to provide information on any cases of discrimination related to family responsibilities dealt with by the Office of the Ombudperson or the courts.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 4. Leave entitlements for men and women workers with family responsibilities. The Committee notes that under the Maternity and Parental Benefits Act of 2008, an employed or a self-employed mother has the right to maternity leave of 28 days before birth, and until the child turns 6 months, of which 28 days before birth and 42 days after birth are mandatory (section 12(1) and (2)); the father may exercise the right to leave until the child turns 6 months of age upon the expiry of the mandatory maternity leave, if the parents reach an agreement to do so (section 12(5)). The employed parents of a child are entitled to parental leave until the child turns 8 years of age for three months for each parent for the first and second child; 30 months for each parent for twins, the third and any subsequent child; and an extra two months can be taken if the father takes parental leave for at least three months (sections 12 and 13(2)). In addition, one of the employed parents of a child has the right to leave without pay until the child turns 3 years of age (section 22); one of the employed or self-employed parents of a child with more severe developmental disabilities has the right to childcare leave until the child turns 8 years of age (section 23(1)); or the right to work half-time, even after the child turns 8 years of age, if there is such a need, on the basis of findings and an opinion of a body with competent expertise (section 23(3)). With regard to the practical application, the Committee notes the Government’s indication that in 2009, among 63,500 beneficiaries of the right to maternity and parental benefits, 1,066 fathers exercised such rights; in 2010, a total of 1,327 fathers exercised these rights among 71,197 beneficiaries. The Committee asks the Government to continue to provide statistical information, disaggregated by sex, on the extent to which men and women workers make use of the leave entitlements under sections 12, 13, 22 and 23 of the Maternity and Parental Benefits Act of 2008, respectively, both in the public and private sectors. It also asks the Government to provide information on any measures taken with regard to other immediate family members.

Working time arrangements. The Committee notes that under the Maternity and Parental Benefits Act of 2008, one of the employed or self-employed parents may exercise the right to part-time work up until the child turns 3 years of age, if the child requires extra care and attention for growth (section 16). The Committee further notes the Government’s indication that the Croatian Chamber of Commerce has been conducting activities for the promotion of flexible working hours, including giving presentations during 40 sessions of the County Chamber Economic Councils in 2009–10; the Croatian Chamber of Commerce has also proposed the option to work at home and from home. The Committee asks the Government to provide information on the practical application of section 16 of the Maternity and Parental Benefits Act, including statistical information, disaggregated by sex, on the number of beneficiaries of the right to part-time work. It also asks the Government to provide information on any other flexible working time arrangements.

Article 5. Childcare and family services and facilities. The Committee notes the Government’s indication that the new Social Welfare Act of 2011 (Official Gazette No. 57/11) assigned two new public authorities for the family centres and expanded their activities; for the work of family centres, a special emphasis was put on providing support to families in reconciling their family and work responsibilities. The Government indicates that from 2006 to 2011, a total of 18 family centres were established; in 2009, with the cooperation of local self-government units and financial backing of the World Bank, 26 new kindergartens were established in areas which previously had no pre-school education programmes; a total of 28 new kindergartens were opened and 43 new regional facilities were established within the structure of the existing kindergartens, reaching the pre-school programme coverage rate of 57.34 per cent. With regard to services and facilities which exist to assist workers with family responsibilities regarding dependent members of their family other than children, the Committee notes the Government’s indication that the Ministry of Families, Veterans’ Affairs and Intergenerational Solidarity is implementing the intergenerational solidarity programmes entitled “Assisting the elderly at home” and “Day care and assistance to the elderly at home” according to the Social Welfare Act of 2011; there are approximately 11,000 beneficiaries of the intergenerational solidarity programme. The Committee asks the Government to provide detailed information on the manner in which the family centres assist parents to reconcile work and family responsibilities. The Committee also asks the Government to indicate the impact of the intergenerational solidarity programme on reconciling work and family responsibilities regarding dependent members of their family other than children.

Article 6. Information and education. The Committee notes the Government’s indication that a radio project entitled “Both mum and dad can do it” aims to promote the role of fathers and parental leave, as well as to enable women to harmonize family and work responsibilities more easily. Considering the low number of fathers exercising their right to parental benefits, the Committee asks the Government to provide information on the specific measures taken to promote a broader public understanding of various aspects of employment of workers with family responsibilities, and the need for a more equitable sharing of family responsibilities between men and women, including promoting parental leave taken by fathers, as well as the results achieved by such measures.

Article 7. Integration in the labour force. The Committee notes that according to the Labour Code, an employee who has exercised maternity leave, parental leave, adoption leave or leave for caring and nursing a child with severe development difficulties has the right to return to the same job that he or she performed before exercising the right (section 73(1)); the employee who has exercised such rights shall be entitled to additional vocational training in case there is any change in technology or working methods (section 73(3)). The Committee asks the Government to provide statistical information on the number of employees who returned to work after taking maternity leave, parental leave, adoption leave or leave for caring and nursing a child with severe development difficulties, according to section 73(1) of the Labour Code. It also asks the Government to provide information on the practical application of section 73(3) of the Labour Code, including on the extent to which such training is conducted, and information on the beneficiaries of such training. Please also provide information on other measures taken or envisaged to enable male and female workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to family responsibilities.

Article 9. Application of the Convention by collective agreements. The Committee asks the Government to provide information on the measures provided under collective agreement with a view to reconciling work and family responsibilities.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 3 of the Convention. National policy. The Committee recalls the National Policy for the Promotion of Gender Equality (2006–10). The Committee notes with interest the legislative measures to give effect to the provisions of the Convention, in particular the adoption of the Anti-discrimination Act, 2008 (Official Gazette No. 85/08), and the Maternity and Parental Benefits Act, 2008, as last amended in 2011 (Official Gazette Nos 85/08, 10/08 and 34/11), as well as the establishment of the Maternity and Parental Benefits Act Implementation Monitoring Commission. The Committee notes that section 1(1) of the Anti-discrimination Act provides for protection against discrimination on various grounds, including gender and marital or family status. The Office of the Ombudperson has been a central equality body since 2009 and according to its report, three cases concerned marital or family status among a total of 172 cases of alleged discrimination filed with the Office. The Committee asks the Government to provide information on the practical application of the Maternity and Parental Benefits Act, 2008 and the results achieved under the National Policy for the Promotion of Gender Equality (2006–10), in order to promote equality of treatment and opportunity of workers with family responsibilities. Please also provide information on the functions of the Maternity and Parental Benefits Act Implementation Monitoring Commission. The Committee further requests the Government to provide information on any cases of discrimination related to family responsibilities dealt with by the Office of the Ombudperson or the courts.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 4 of the Convention. Terms and conditions of employment. Flexible working hours. The Committee notes that under the National Policy for the Promotion of Gender Equality (2006–10) employers will be offered training on the advantages of hiring staff under flexible working hour arrangements (point 2.2.7 of the action plan). The Committee requests the Government to provide information on the provision of such training and the number of participating employers. Please also indicate the extent to which flexible working time arrangements are being used in practice, and whether the training provided has contributed to an increased use of such arrangements.

Article 5. Child-care and family services. The Committee notes that the National Policy for the Promotion of Gender Equality provides for a series of measures to increase the availability of child-care services (points 2.5.2 to 2.5.6 of the action plan). The Committee also notes that the Welfare Law was amended in 2006 to provide for the establishment of family centres to provide counselling and practical support to families. The Committee requests the Government to provide information on the progress made in implementing the measures set out in points 2.5.2–2.5.6 of the National Policy’s action plan, as well as supplementary information on the manner in which the family centres assist parents to reconcile work and family responsibilities. In addition, please also indicate whether any establishments or services exist to assist workers with family responsibilities in the care of older persons, as requested in the Committee’s previous comments.

Article 6. Information and education on gender equality and workers with family responsibilities. The Committee notes that the National Policy for the Promotion of Gender Equality recognizes the need to encourage equal sharing of family responsibilities between men and women, including the promotion of use of parental leave by fathers. Currently less than 1 per cent of men take such leave. The Committee requests the Government to provide detailed information on the specific measures taken in this regard and the impact thereof.

Article 7. Active labour market measures in favour of workers with family responsibilities. The Committee notes the Government’s indication that under the National Plan of Action for Employment (2005–08) measures are envisaged to promote the employment of women who have been absent from the labour market for a long time, as well as single parents and parents with a large number of children. The Committee requests the Government to provide information on the implementation of the measures under the National Plan of Action for Employment enabling workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to family responsibilities.

Article 9. Application of the Convention by collective agreements and court decisions. The Committee welcomes the information provided by the Government outlining the family-friendly measures provided under collective agreements, particularly the agreement applying to employees of the Financial Agency. It requests the Government to continue to provide such information. Noting that under the National Policy for the Promotion of Gender Equality, measures are planned to collect information on court cases concerning equality, the Committee asks the Government to provide information on any courts decisions dealing with discrimination based on family responsibilities under section 2 of the Labour Act.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 3 of the Convention. National policy. The Committee notes that the National Policy for the Promotion of Gender Equality (2006–10) adopted by the Croatian Parliament on 13 October 2006 refers to Croatia’s obligations under the Convention, among other relevant United Nations and ILO instruments. The Committee notes with interest that the Policy sets out a number of specific measures promoting the sharing of family responsibilities between men and women and increasing the availability of childcare services as a means of achieving effective equality of opportunity and treatment between men and women workers. The Committee requests the Government to include in its next report information on the implementation of the National Policy on the Promotion of Gender Equality, as it relates to the application of the Convention.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 4 of the Convention. Terms and conditions of employment. Flexible working hours. The Committee notes that under the National Policy for the Promotion of Gender Equality (2006–10) employers will be offered training on the advantages of hiring staff under flexible working hour arrangements (point 2.2.7 of the action plan). The Committee requests the Government to provide information on the provision of such training and the number of participating employers. Please also indicate the extent to which flexible working time arrangements are being used in practice, and whether the training provided has contributed to an increased use of such arrangements.

2. Article 5. Child-care and family services. The Committee notes that the National Policy for the Promotion of Gender Equality provides for a series of measures to increase the availability of child-care services (points 2.5.2 to 2.5.6 of the action plan). The Committee also notes that the Welfare Law was amended in 2006 to provide for the establishment of family centres to provide counselling and practical support to families. The Committee requests the Government to provide information on the progress made in implementing the measures set out in points 2.5.2–2.5.6 of the National Policy’s action plan, as well as supplementary information on the manner in which the family centres assist parents to reconcile work and family responsibilities. In addition, please also indicate whether any establishments or services exist to assist workers with family responsibilities in the care of older persons, as requested in the Committee’s previous comments.

3. Article 6. Information and education on gender equality and workers with family responsibilities. The Committee notes that the National Policy for the Promotion of Gender Equality recognizes the need to encourage equal sharing of family responsibilities between men and women, including the promotion of use of parental leave by fathers. Currently less than 1 per cent of men take such leave. The Committee requests the Government to provide detailed information on the specific measures taken in this regard and the impact thereof.

4. Article 7. Active labour market measures in favour of workers with family responsibilities. The Committee notes the Government’s indication that under the National Plan of Action for Employment (2005–08) measures are envisaged to promote the employment of women who have been absent from the labour market for a long time, as well as single parents and parents with a large number of children. The Committee requests the Government to provide information on the implementation of the measures under the National Plan of Action for Employment enabling workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to family responsibilities.

5. Article 9. Application of the Convention by collective agreements and court decisions. The Committee welcomes the information provided by the Government outlining the family-friendly measures provided under collective agreements, particularly the agreement applying to employees of the Financial Agency. It requests the Government to continue to provide such information. Noting that under the National Policy for the Promotion of Gender Equality, measures are planned to collect information on court cases concerning equality, the Committee asks the Government to provide information on any courts decisions dealing with discrimination based on family responsibilities under section 2 of the Labour Act.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 3 of the Convention. National policy. The Committee notes that the National Policy for the Promotion of Gender Equality (2006–10) adopted by the Croatian Parliament on 13 October 2006 refers to Croatia’s obligations under the Convention, among other relevant United Nations and ILO instruments. The Committee notes with interest that the Policy sets out a number of specific measures promoting the sharing of family responsibilities between men and women and increasing the availability of childcare services as a means of achieving effective equality of opportunity and treatment between men and women workers. The Committee requests the Government to include in its next report information on the implementation of the National Policy on the Promotion of Gender Equality, as it relates to the application of the Convention.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information contained in the Government’s first report. It requests the Government to supply additional information as follows.

1.  Article 3 of the Convention.  The Committee notes the prohibition contained in section 2 of the Labour Law on giving less favourable treatment to a jobseeker or worker on the basis of a number of criteria, including family responsibilities. In addition, the Government sets forth in its National Policy for the Promotion of Equality, adopted in 1996, and its Programme of Action for application of the Beijing Platform, that specific measures must be adopted for the promotion of equality in family life with the object of reconciling the family and occupational responsibilities of both parents. The Committee requests the Government to send information concerning the supplementary measures taken or envisaged in accordance with this national policy in regard to workers with family responsibilities.

2.  Article 5.  The Committee notes with interest that the Pre-school Education Act and the Primary Education Act provide for childcare, particularly for children of working parents. The Committee would be grateful if the Government would provide copies of these Acts. It also requests the Government to indicate whether there are establishments or community services to assist workers with family responsibilities in the care of older persons.

3.  Article 6.  The Committee requests the Government to indicate whether there are measures in Croatia intended to promote information and education which engender wider public understanding of the principle of equality of opportunity and treatment for workers of both sexes and of the problems of workers with family responsibilities, as well as a climate of opinion conducive to overcoming these problems. Noting that legislation provides that parental leave may be exercised by either parent, except for the obligatory period of maternal leave, the Committee requests the Government to indicate whether there are publicity campaigns designed to encourage fathers to use these provisions and to promote in general the concept of sharing family responsibility between men and women.

4.  Article 7.  The Committee notes that, according to the report, the Act regulating the implementation of active labour market measures which include training activities provides, inter alia, that these measures must facilitate the employment of particular groups of jobseekers, including persons with family responsibilities. The Committee would be grateful if the Government would send it a copy of this Act.

5.  Article 11.  The Committee notes from the report that the provisions of the Convention are also applied through collective agreements regulating the exercise of various family leave and maternal leave, to care for a member of the immediate family. It requests the Government to supply copies with its future reports of collective agreements concluded in this sphere.